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Hows long is the statute of limitations in a HIPPA violation?

Elmira, NY |
Filed under: Professional ethics

Breach of client information to another client by a county employee in the mental health setting. This was information that was shared at a team meeting by one therapist then breached by another team member who was fired. The firing took place on day 89 of what I was told was 90 days I had to file suit so when I spoke
to a lawyer on day 93 I was told
I could do nothing.

out of luck and out of safr therapy

Attorney Answers 3

Posted

It doesn't matter because there is no private cause of action fora HIPPA violation.

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Asker

Posted

My therapist discussed. a rep payee at that meeting took that info and told a patient thus breaching my cimcase in team meeting

Asker

Posted

this jumps all over, sorry. breached my confidentiality.

Posted

The Health Insurance Portability and Accountability Act, 42 U.S.C. sections 201 et seq. (HIPAA) does not prohibit an employer from revealing confidential medical information about employees. http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/employers.html.

The United State Department of Labor has a web site with excellent information on HIPAA: http://www.dol.gov/dol/topic/health-plans/portability.htm.

The United Stated Department of Health and Human Services is responsible for enforcing HIPAA: http://www.hhs.gov/ocr/privacy/hipaa/enforcement/index.html. There is no private right of action (an individual cannot sue for violation of his or her HIPAA rights).

*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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Asker

Posted

I guess I was unclear it went another step to a patient after that employee that was privy to discussion in in team meeting.

Posted

The other attorneys are correct that there is no right to sue over HIPAA violations. However if it was your information that was breached you can file a complaint with the federal Office of Civil Rights within 180 days of when the breach occurred. Won't get you $$, but might prevent the situation from happening to someone else.

I am attaching a link below that will explain more. Better luck in the future.

This response is intended to provide general information, but not legal advice. The response may be different if there are other or different facts than those included in the original question. See MKnutsonLaw.com for more information on why this communication is not privileged or create an attorney-client relationship.

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